The Scope and Implications of a Tracing Mechanism for Small Arms ...

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case of Switzerland, it would be necessary initially to implement a uniform
system in the various cantonal police forces and institutions. The use of
statistics can also contribute useful data concerning weapon flows and
trafficking and those involved in them. All the measures to which we have
just referred require an effort on the part of everyone in order to propose a
uniform, transparent and efficient system for tracing firearms.
Let us also recall the difficulty currently posed by weapons that do not
bear durable and unique standardized marks. An interesting point to recall
in this context is the manufacture of Kalashnikovs and of certain weapons
by Smith & Wesson, which are a prime example of the problem of the serial
number as an identifier. Prior to 1968, Smith & Wesson used identical serial
numbers for different models of weapons; similarly, the same serial number
can be found on several weapons of the same type when they are
manufactured in different countries but under the same license; and finally,
a manufacturer may periodically recommence the numbering of its
weapons, as with Kalashnikovs and M-16s, for example. 30 One sine qua
non condition for the tracing mechanism to function properly is to avoid the
absence and/or duplication of serial numbers.
There is another point which it is important to highlight. Swiss
legislation on firearms (“Recueil Systématique”—RS 514.54) contains
certain loopholes that facilitate the disappearance of weapons and open the
door to all sorts of fraudulent practice. Article 9, which deals with the
acquisition of weapons by individuals, specifies that sales must take place
in the context of a written contract that is valid for ten years. When these
conditions are not complied with, the sale of a weapon by one individual
to another perpetuates an uncontrollable grey market and creates many
opportunities for fraud. 31 How can weapons be traced in such
circumstances? The law on arms therefore needs to be improved and legal
standards compatible with the tracing mechanism such as we have defined
it in this document must be proposed.
What is to be done, and how can the problem be resolved in a longterm
perspective? What about the weapons-collecting operations that have
been launched—without much success—and which have in fact had the
adverse effect of “laundering” weapons previously involved in various
conflicts?